Zoning changes collide with asphalt plant

Ballston Town Board members on Tuesday will accept public comments and possibly vote on major changes to the town’s zoning law, which could block an asphalt mixing plant proposed for Curtis Industrial Park.

The zoning revisions under consideration would narrow permitted uses and prohibit heavy industry and manufacturing, such as asphalt plants, in the town’s industrial zones. Town Councilman William Goslin said Monday that board members were still considering exact wording for the legislation, and if it would halt an asphalt plant application for off Route 67 that was submitted more than two years ago by The Dolomite Group of Rochester. Goslin opposes the project, saying it threatens “the quiet lifestyle of the lake community.”

The Dolomite Group has invested hundreds of thousands of dollars in the application and a subsequent environmental review of the project, its attorney, Stephanie Ferradino, said Monday. She said the town’s zoning changes would stop the project if Dolomite is not given an exemption from the new zoning, which it has requested. The project has been before the Planning Board since early 2012.

“The town board wants to usurp the process and just outlaw asphalt plants without knowing if they have an environmental impact or not, and that’s just wrong,” said Ferradino, an attorney at the Couch White law firm in Saratoga Springs.

On Monday, Goslin acknowledged the new zoning changes “may impact” the asphalt plant proposal, but he said that could change by Tuesday’s meeting, which is scheduled for 7 p.m. in Town Hall. Goslin would not say if Dolomite would be exempt from any new zoning.

“I’m going to need legal advice before I can make the decision,” Goslin said. “This may actually delay a vote.”

The councilman said the zoning changes would protect Ballston residents from traffic, noise, fumes and pollution, and bring the community’s industrial zoning in line with that of other towns in suburban Saratoga County. A civic group called Citizens for a Clean Environment, led by town residents David and Ann Pierce, has petitioned against the asphalt plant.

The five-member town board is controlled by Republicans and headed by Supervisor Patti Southworth, a member of the Independence Party. Southworth said in an interview last week that she was concerned by the zoning changes, and any updates should be made through a review of the town’s comprehensive plan.